the main provisions in the constitution
TRANSCRIPT
MALAYSIAN CONSTITUTION
INTRODUCTION
The Federal Constitution of Malaysia is the supreme law of Malaysia. The 1957 Constitution of
the Federation of Malaya is the basis of this document. It establishes Malaysia as a constitutional
monarchy having the Yang di-Pertuan Agong as the Head of State whose roles are largely
ceremonial. It provides for the establishment and the organization of three main branches of the
government: the bicameral legislative branch called the Parliament, which consists of the House
of Representatives and the Senate; the executive branch led by the Prime Minister and consists of
Cabinet Ministers; and the judicial branch headed by the Federal Court. The document also
defines the rights and responsibilities of the federal government, the member states of
the federation and the citizens and their relations to each other. As of early 2006, the number of
individual amendments to the constitution is estimated to be about 650, a substantial number of
which were technical and consequential amendments throughout the Constitution necessitated by
territorial changes. The Content of the constitution 15 section,183 clauses or articles,15
schedules .
THE MAIN PROVISIONS IN THE CONSTITUTION
NATIONAL LANGUAGE
Malay is the national language .Malay language was made as the official language of the
country(Article 152).Article 152 states that the national language is the Malay language.
However, the Constitution guarantees the freedom of learning and using of other languages,
except on official purposes. Official purposes here means any purpose of the Government,
whether Federal or State, and includes any purpose of a public authority. To this effect, all court
proceedings and parliamentary documents and meetings are conducted in Malay .The official
script for the Malay language is determined by Parliament. The current orthography is the Latin
alphabet or Rumi; however, use of Jawi is not prohibited. The National Language Act allows
English to be used in Court , if the Court so decides either by itself or upon the application of any
party to the proceedings, and after considering the interest of justice, and in the Dewan Rakyat,
Dewan Negara and State Legislative Assemblies with the permission of the Speaker or President.
For any official purpose which the Yang di Pertuan Agong may allow.
RELIGION
Article 3(1) of the constitution clarifies that ISLAM is the official religion in Malaysia but other
religions are allow to be practiced in peace and harmony in any part of the federation. (Article3)
in every State other than States not having a Ruler the position of the Ruler as the Head of the
religion of Islam in his State in the manner and to the extent acknowledged and declared by the
Constitution, all rights, privileges, prerogatives and powers enjoyed by him as Head of that
religion, are unaffected and unimpaired; but in any acts, observance or ceremonies with respect
to which the Conference of Rulers has agreed that they should extend to the Federation as a
whole each of the other Rulers shall in his capacity of Head of the religion of Islam authorize the
Yang di-pertuan Agong to represent him. The Constitution of the States of Malacca, Penang,
Sabah and Sarawak shall each make provision for conferring on the Yang di-Pertuan Agong shall
be Head of the religion of Islam in that State. Nothing in this Article derogates from any other
provision of this Constitution. Notwithstanding anything in this Constitution the Yang di-Pertuan
Agong shall be the Head of the religion of Islam in the Federal Territories of Kuala Lumpur and
Labuan; and for this purpose Parliament may by law make provisions for regulating Islamic
religious affairs and for constituting a Council to advise the Yang di-Pertuan Agong in matters
relating to the religion of Islam.
FUNDAMENTAL LIBERTIES
There are nine rights regarded as fundamental in the Malaysian Constitution (Federal
Constitution) namely liberty of the person (Article 5); freedom from slavery and forced labour
(Article 6); protection against retrospective criminal laws and repeated trials (Article 7);
equality (Article 8); prohibition of banishment and freedom of movement (Article 9); freedom
of speech, assembly and association (Article 10); freedom of religion (Article 11); rights in
respect of education (Article 12) and rights to property (Article 13). Article 5 provides that No
person shall be deprived of his life or personal liberty save in accordance with law. Where
complaint is made to a High court or any judge thereof that a person is being unlawfully detained
the court shall inquire into the complaint and, unless satisfied that the detention is lawful, shall
order him to be produced before the court and release him. Where a person is arrested he shall be
informed as soon as may be of the grounds of his arrest and shall be allowed to consult and be
defended by a legal practitioner of his choice. Where a person is arrested and not released he
shall without unreasonable delay, and in any case within twenty-four hours (excluding the time
of any necessary journey) be produced before a magistrate and shall not be further detained in
custody without the magistrate's authority: Provided that this Clause shall not apply to the arrest
or detention of any person under the existing law relating to restricted residence, and all the
provisions of this Clause shall be deemed to have been an integral part of this Article as from
Merdeka Day. Clauses (3) and (4) do not apply to an enemy alien. Article 6 provides that no
person may be held in slavery. All forms of forced labour are prohibited, but federal law may
provide for compulsory service for national purposes. It is expressly provided that work
incidental to serving a sentence of imprisonment imposed by a court of law is not forced to
labour. The National Service Act was drafted based on Article 6. Article 7 is provide that no
person shall be punished for an act or omission which was not punishable by law when it was
done or made, and no person shall suffer greater punishment for an offence than was prescribed
by law at the time it was committed. A person who has been acquitted or convicted of an offence
shall not be tried again for the same offence except where the conviction or acquittal has been
quashed and a retrial ordered by a court superior to that by which he was acquitted or convicted.
Article 8 all persons are equal before the law and entitled to the equal protection of the law.
Except as expressly authorized by the Constitution (e.g. Article 153), there shall be no
discrimination against citizens on the ground only of religion, race, descent or place of birth in
any law relating to the acquisition, holding or disposition of property or the establishing or
carrying on of any trade, business, profession, vocation or employment. There shall be no
discrimination in favour of any person on the ground that he is a subject of the Ruler of the
State. No public authority shall discriminate against any person on the ground that he is resident
or carrying on business in any part of Malaysia outside the jurisdiction of the authority. Article 9
provides that every citizen has the right to move freely throughout Malaysia and to reside in any
part thereof, subject to Art. 9 (3) (below) and to any law relating to the security, public order,
public health, or the punishment of offenders. Art 9(3) - So long as under the Constitution any
other State is in a special position as compared with the States of Malaya, Parliament may
impose restrictions, as between that State and other States, on the rights in respect of movement
and residence. Article 10 guarantees the freedom of speech, the right to assemble peacefully
and the right to form associations to every Malaysian citizen. However, Parliament may by law
impose restrictions on these rights in the interest of the security of the Federation, friendly
relations with other countries, public order, morality; and restrictions designed to protect the
privileges of Parliament, to provide against contempt of court, defamation, or incitement to any
offence. Article 10 is a key provision of Part II of the Constitution, and has been regarded as "of
paramount importance" by the judicial community in Malaysia. However, it has been argued that
the rights of Part II, in particular Article 10, "have been so heavily qualified by other parts of the
Constitution, for example, Part XI in relation to special and emergency powers, and the
permanent state of emergency that has existed since 1969, that much of [the Constitution's] high
principles are lost." Article 10 (4) states that Parliament may pass law prohibiting the questioning
of any matter, right, status, position, privilege, sovereignty or prerogative established or
protected by the provisions of Part III, article 152, 153 or 181 of the constitution.
Several acts of law regulate the freedoms granted by Article 10, such as the Official Secrets Act,
which makes it a crime to disseminate information classified as an official secret.The Sedition
Act 1948 makes it an offence to engage in acts with a "seditious tendency", including but not
limited to the spoken word and publications; conviction may result in a sentence of a fine up
to RM5,000, three years in jail, or both. The Public Order (Preservation) Ordinance 1958 allows
the Police to declare certain areas "restricted", and to regulate processions or meetings of five
persons or more. The maximum sentence for the violation of a restricted area order is
imprisonment of 10 years and whipping. Other laws curtailing the freedoms of Article 10 are the
Police Act 1967, which criminalises the gathering of three or more people in a public place
without a licence, and the Printing Presses and Publications Act 1984, which grants the Home
Affairs Minister "absolute discretion" in the granting and revoking of publishing permits, and
also makes it a criminal offense to possess a printing press without a licence. The Sedition Act in
particular has been widely commented upon by jurists for the bounds it places on freedom of
speech. Justice Raja Azlan Shah (later the Yang di-Pertuan Agong) once said: “ The right to free
speech ceases at the point where it comes within the mischief of the Sedition Act.” Article 11
provide that every person has the right to profess and practice his religion and, subject to Art 11
(4), to propagate it. No person shall be compelled to pay any tax the proceeds of which are
specially allocated for the purposes of a religion other than his own.Every religious group has the
right (a) to manage its own religious affairs; (b) to establish and maintain institutions for
religious or charitable purposes; and(c) to acquire and own property and hold and administer it in
accordance with law.Art. 11 (4) - State law and, in respect of the Federal Territories of Kuala
Lumpur and Labuan, federal law may control or restrict the propagation of any religious doctrine
or belief among Muslims. Article 12 provide that every religious group has the right to establish
and maintain institutions for the education of children in its own religion. No person shall be
required to receive instruction in or take part in any ceremony or act of worship of a religion
other than his own. The religion of a person under the age of eighteen years shall be decided by
his parent or guardian. There shall be no discrimination against any citizen on the grounds only
of religion, race, descent or place of birth: in the administration of any educational institution
maintained by a public authority, and, in particular, the admission of pupils or students or the
payment of fees; or in providing out of the funds of a public authority financial aid for the
maintenance or education of pupils or students in any educational institution (whether or not
maintained by a public authority and whether within or outside Malaysia). Article 13 provides
that no person may be deprived of property save in accordance with law. No law may provide for
the compulsory acquisition or use of property without adequate compensation.
SPECIAL PROVISION UNCER ARTICLE 153
Article 153 grants the Yang di-Pertuan Agong, or King of Malaysia, responsibility for
safeguarding the special position of the Malay and other indigenous peoples of Malaysia,
collectively referred to as Bumiputra and the legitimate interests of all the other communities.
The article specifies how the King may protect the interest of these groups by establishing quotas
for entry into the civil service, public scholarships and public education.
Originally there was no reference made to other indigenous peoples of Malaysia (then Malaya)
such as the Orang Asli, but with the union of Malaya with Singapore, Sabah and Sarawak in
1963, the Constitution was amended so as to provide similar privileges for the indigenous
peoples of East Malaysia (Sabah and Sarawak), grouping them with the Malays as Bumiputra.
The scope of Article 153 is limited by Article 136, which requires that civil servants be treated
impartially regardless of race. Clause 5 of article 153 specifically reaffirms article 136 of the
constitution which states: All persons of whatever race in the same grade in the service of the
Federation shall, subject to the terms and conditions of their employment, be treated impartially.
Clause 9 of article 153 states Nothing in this Article shall empower Parliament to restrict
business or trade solely for the purpose of reservations for Malays.
The Reid Commission suggested that these provisions would be temporary in nature and be
revisited in 15 years, and that a report should be presented to the appropriate legislature
(currently the Parliament of Malaysia) and that the "legislature should then determine either to
retain or to reduce any quota or to discontinue it entirely."
Under Article 153, and due to the 13th May 1969 riots, the New Economic Policy was
introduced. The NEP aimed to eradicate poverty irrespective of race by expanding the economic
pie so that the Chinese share of the economy would not be reduced in absolute terms but only
relatively. The aim was for the Malays to have a 30% equity share of the economy, as opposed to
the 4% they held in 1970. Foreigners and Chinese held much of the rest.
The NEP appeared to be derived from Article 153 and could be viewed as being in line with its
wording. Although Article 153 would have been up for review in 1972, fifteen years after
Malaysia's independence in 1957, due to the May 13 Incident it remained unreviewed. A new
expiration date of 1991 for the NEP was set, twenty years after its implementation.
However, the NEP was said to have failed to have met its targets and was continued under a new
policy called the National Development Policy.
CITIZENSHIP
Citizenship is a status held by the people who have the right to be in a country. This status give
rights, benefits and certain facilities. Special right of a citizen: to vote in election, take part in
politics, post for citizens only, free to own landed property, benefits and facilities, freedom of
movement, not to be exiled . Holding this status demands at the same time certain
responsibilities. Give national service including the army if required to. Abide the laws and help
run the systems in the country. Contribute to the productivity of the country in whatever field he
undertakes. Participate and as far as possible support national programmes and events.
Ways of acquiring citizenship
1)Jus Soli
This is based on the laws of the birth place. Regardless the status of the mother or father,
citizenship status is automatic for people born in Malaysia between independence day and
October 1962. Those born after 1962 can become citizens if they fulfil one of the conditions: At
the time of his birth: he mother or father is a citizen, mother or father has been residing in the
country He was not a citizen of any country.
2)Jus Sanguinis
The factor jus sanguinis relies solely on the citizenship status of the father. If the father is a
citizen, regardless of whether he is born outside the country. However for the child of a citizen
who is born outside the country, the child inherits the father’s citizenship status if his own father
was born in Malaysia, or his father holds a post in the Public Service at the Federal or State level,
or his birth was registered at the office of the Malaysian Consulate or with the Malaysian
government within one year after his birth.
3) Marriage
The right to a foreign woman who is married to a Malaysian citizen to apply to become a
citizen.Citizenship is given through registration.The following condition must be fulfilled: if the
husband is a citizen in October 1962 or prior to that, and the marriage is still binding; or
the foreign woman has lived in the Federation for two years before the application is made, has
the intention to continue living in the Federation and is of good conduct.
4) Naturalization
Residents who are not born in Malaysia to become Malaysian citizens. Applicants are required:
aged 21 and above, and have lived in the Federation for at least 10 out of 12 years from and up to
the date of application, have intention to live permanently in the country, good conduct, and have
sufficient knowledge of the Malay language.
Loss of citizenship
He himself rejects the citizenship for personal reasons. (Renunciation (Art 23) . He has violated
the laws and committed a prohibition action. (Deprivation (art 24) Can be one of the following:
he has become the citizen of another country, he is enjoying all the rights and facilities in another
country, whereas the rights are given only to the citizens of those countries. A woman becomes
the citizen of a foreign country through marriage, acts negatively showing he is no longer loyal
to Malaysia and has ties with a hostile country. Has been sentenced in a state within a period of 5
years after becoming a citizen of the Federation with a jail sentence of not less than 23 months or
fined not less than RM5,000. Give services to another country without permission. Lives
continuously for 5 years in a foreign country unless he is on service with or on behalf of the
Malaysian Government. The citizenship has been falsely obtained .A foreign woman who
acquired her citizenship status through marriage, is divorced from the husband, except in the case
of divorce where the husband has passed away.
CONCLUSION
Despite many challenges to national unity it can be stated with confidence that Malaysia has an
exemplary record of racial, cultural and religious tolerance.
The spirit that animates the Constitution is one of moderation, compassion and compromise. The
Constitution has reconciled the seemingly irreconcilable conflict of interest between ethnic and
religious groups in a way that has few parallels in the modern world.
In the years ahead the forces of globalization and Islamisation pose the most severe challenges to
the foundation established in 1957. However there is no reason to believe that the Malaysian
Constitution cannot accommodate and harness these tides .
REFERENCE LIST
en.wikipedia.org/wiki/ Constitution _of_Malaysia
www.perlembagaanku.com
www.google.com.my
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